Planning Commission Packet 09-16-2021

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                                                       CITY OF MUSKEGON
                                                     PLANNING COMMISSION
                                                       REGULAR MEETING

DATE OF MEETING:                       Thursday, September 16, 2021
TIME OF MEETING:                       4:00 p.m.
PLACE OF MEETING:                      Commission Chambers, First Floor, Muskegon City Hall


                                                                     AGENDA

  I. Roll Call

  II. Approval of Minutes from the regular meeting of July 15, 2021.

 III. Public Hearings

  A. Hearing, Case 2021-24: Request for preliminary Planned Unit Development approval for a mixed
     use development at 920/1148/1204 W Western, by Ryan Leestma.
  B. Hearing, Case 2021-25: Request for final Planned Unit Development approval for a mixed use
     development at 920/1148/1204 W Western, by Ryan Leestma.
  C. Hearing, Case 2021-26: Staff initiated request to amend the Lakeside Form Based Code to allow
     caregivers, microbusinesses, designated consumption establishments, class A recreational grows,
     class A medical grows, class B medical grows and temporary marihuana events as a special use
     permitted in the Lakeside Commercial and Lakeside Heavy Commercial context areas.
 IV. New Business
  V. Other
  A. Updates on previous cases
 VI. Adjourn


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                                                                   calling the following:
                                                                 Ann Meisch, City Clerk
                                                                    933 Terrace Street
                                                                  Muskegon MI 49440




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                                             STAFF REPORT
                                            September 16, 2021


Hearing, Case 2021-24: Request for preliminary Planned Unit Development approval for a mixed use
development at 920/1148/1204 W Western, by Ryan Leestma.

SUMMARY

   1. The proposed PUD consists of two privately-owned parcels (1148 & 1204 W Western) and a portion
      of the charter park at Hartshorn Marina (920 W Western). The usage of the charter park would be
      done through a shared access agreement. The size of the entire project is 37.3 acres.
   2. There are three underlying zoning designations within the proposed PUD; Lakefront Recreation,
      Heavy Industrial and Form Based Code, Neighborhood Edge.
   3. The land uses associated with the PUD include light industrial, boat storage, multi-family residential,
      retail and a new marina and boat launch.
   4. The new streets (Adelaide Ave, Adelaide Dr, Adelaide Circle) will be publicly owned and
      maintained.
   5. Public access to the site will increase significantly, especially to the lakeshore. The bike path would
      be repositioned slightly, moving it closer to the water. The three peninsulas will be publicly
      accessible and a fishing pier will be constructed at the end of the peninsula on the charter park
      property. That peninsula is currently gated and only accessible to those utilizing the small boat basin.
      The gate will be removed to allow for public access to all. The 30 slips at the former small boat basin
      would be removed, but 70 transient slips would be available at the new marina. The former small
      boat basin would be used as another boat launch with a lift that can launch boats up to 100 feet, an
      amenity the City currently does not possess. The launch would be operated by the developer but
      would remain open for public use.

                            Development Area as Viewed from Western Ave




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Aerial Map




Zoning Map




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                                      Zoning Ordinance Excerpt:

       a.    Standards for Approval of PUD Plans

              The Planning Commission shall approve, deny or modify preliminary PUD plans, based upon
              the following standards. Likewise, the City Commission shall approve, deny, or modify final
              PUD plans (after review and recommendation by the Planning Commission) based upon the
              following standards.

              1)     The uses proposed will have a beneficial effect, in terms of public health, safety,
                     welfare, or convenience of any combination thereof, on present and potential
                     surrounding land uses. The uses proposed will not adversely affect the public utility
                     and circulation systems, surrounding properties, or the environment.

              2)     The uses proposed should be consistent with the land use plans adopted by the City.

              3)     The amount of open space provided, which the Planning Commission or City
                     Commission may modify even though such modifications do not conform to that
                     required in other sections of this ordinance.

              4)     The amount of off-street parking areas, which the Planning Commission or City
                     Commission may modify even though such modifications do not conform to that
                     required in other sections of this ordinance.

              5)     The amount of landscaping and buffering areas, which the Planning Commission or
                     City Commission may modify even though such modifications do not conform to that
                     required in other sections of this ordinance.

              6)     The protection or enhancement of significant natural, historical, or architectural
                     features within the proposed development area.

              7)     The uses proposed will result in safe, convenient, uncongested and well defined
                     vehicular and pedestrian circulation systems.



STAFF RECOMMENDATION

Staff recommends approval of the preliminary PUD.

DELIBERATION

I move that the request for preliminary Planned Unit Development approval for a mixed use development at
920/1148/1204 W Western be (approved/denied).




                                                    5
Hearing, Case 2021-25: Request for final Planned Unit Development approval for a mixed use development
at 920/1148/1204 W Western, by Ryan Leestma.

SUMMARY

   1. A detailed site plan (C-1.00) and illustrative map (V-2.00) can be found inside of the PUD Submittal.
      Within the site plan map, you will also see a chart that depicts the building heights/sizes, unit counts
      and parking information. A larger copy of this document has been separately included in your
      packet. Staff agrees that parking needs can be met through shared parking by different uses and
      elimination of some required spaces due to certain reductions.
   2. Any approvals will be contingent upon issuance of a storwmwater permit from the Muskegon County
      Drain Commissioners Office. The stormwater management plan is currently under review at that
      office.
   3. The Public Works and Fire Department offices are still working with the applicant on the location of
      fire hydrants and water main at the northern end of the site. Public Works desires to see all of the
      public water main located within the public right-of-way. All approvals should be contingent up staff
      approving these measures.
   4. The Planning Department would like to see buildings C5 and C6 contribute more to the public realm
      and pedestrian experience on Western Ave. This is the area that has the underlying form based code
      zoning, which was intended to create more walkable, pedestrian oriented developments. Regarding
      this development, its obvious that the waterfront is the key feature. However, staff believes that some
      modifications to these buildings could help draw people into the development and other future
      developments on the south side of Western Ave. Staff would recommend that these buildings be
      located closer to Western Ave and incorporate pedestrian-scaled elements such as transparent
      windows and adequate entrances along the front façade.
   5. The Planning Department would also encourage the proposed parallel parking spaces on Adelaide
      Circle be reduced from 10 feet to 7 feet, which could reduce the size of the ROW by up to 6 feet.
   6. Staff is currently working with the developer on these staff comments and they are preparing to
      present new materials at the meeting that will address these issues.
   7. The developer is currently finalizing the phasing plan and will present it at the meeting.




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STAFF RECOMMENDATION

Staff recommends approval of the plan with the inclusion of the staff comments. The Imagine Muskegon
Lake Plan discusses 12 important “metric and measureable” goals for public amenity features that residents
identified along Muskegon Lake. This development will help address nine of these goals.




                               Increased boat slips, including transient slips.




        An additional boat launch, which includes a boat lift that can accommodate 100’ long boats.
                              A new fishing pier on the Hartshorn Peninsula

                                                      7
Much more of the site will be publicly accessible, including increased public access to two of the peninsulas.
             The bike path will remain along the water (will actually get closer to the water)




An increase in access to the waterfront. New sidewalks within the development accessible to the public.
A new bike path “cut through” that will allow pedestrians the ability to bypass the waterfront bike path for a
more direct route along Western Ave. New parking spaces at the end of Western Ave for pedestrians that
would like to park and bike.




                                                      8
Addition of high density housing and mixed-use buildings.


                         Ideas and Vision Plan from Imagine Muskegon Lake




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DELIBERATION

I move that the request for final Planned Unit Development approval for a mixed use development at
920/1148/1204 W Western be recommended to the City Commission for (approval/denial) with the
following conditions:
    1. A stormwater permit is obtained from the Muskegon County Drain Commissioners Office.
    2. Staff approves an amended site plan that addresses the comments from the Public Works, Fire and
       Planning Departments.




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Hearing, Case 2021-26: Staff initiated request to amend the Lakeside Form Based Code to allow caregivers,
microbusinesses, designated consumption establishments, class A recreational grows (500 plant max), class
A medical grows (100 plant max), class B medical grows (500 plant max) and temporary marihuana events
as a special use permitted in the Lakeside Commercial and Lakeside Heavy Commercial context areas.

SUMMARY

   1. Marihuana caregivers are allowed in B-2, B-4, Medical Care, I-1 and I-2 zoning districts.
   2. The Lakeside Business District was made up predominantly of B-2 and B-4 zoning districts. They
      were rezoned to Lakeside Form Based Code in May 0f 2019. The newly created Lakeside Form
      Based Code did not allow for caregivers at the time, an oversight from staff. There is now a legally
      non-conforming caregiver located in Lakeside, as it existed before the zoning change.
   3. In November of 2020, in an effort to help get more local people involved in the marihuana industry,
      the Commission adopted an ordinance amendment that would allow smaller marihuana license types
      to operate where caregivers were already allowed. These license types included microbusinesses,
      designated consumption establishments, class A recreational grows, class B recreational grows, class
      A medical grows and temporary marihuana events as a special use permitted.
   4. Had the Lakeside Business District not been rezoned to Lakeside Form Based Code, the Lakeside
      Businesses would have enjoyed the ability to operate these uses under a special use permit.
   5. Staff is proposing to amend the Lakeside Form Based Code ordinance to allow these same license
      types in the Lakeside Commercial and Lakeside Heavy Commercial Context areas.
   6. There are 37 properties in Lakeside that have Lakeside Commercial and Lakeside Heavy Commercial
      Context areas, however, most of them do not have enough space to operate for marihuana production.
      Its estimated that for a 100 plant grow, there will need to be at least 4,000-5,000 sf available for
      growing and harvesting.




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DELIBERATION

The following proposed motion is offered for consideration:

I move that the request to amend the Lakeside Form Based Code to allow caregivers, microbusinesses,
designated consumption establishments, class A recreational grows, class B recreational grows, class A
medical grows and temporary marihuana events as a special use permitted in the Lakeside Commercial and
Lakeside Heavy Commercial context areas be recommended to the City Commission for approval.




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